Guns and laws: La. legislators roll out proposals

Saturday

Feb 16, 2013 at 12:01 AMFeb 16, 2013 at 11:18 PM

Louisiana legislators are preparing to join the national debate over gun control and Second Amendment rights.

Xerxes WilsonStaff Writer

Louisiana legislators are preparing to join the national debate over gun control and Second Amendment rights.New laws regulating the purchase and storage of firearms are among a few dozen filed for the session that starts April 8.December’s massacre at Sandy Hook Elementary in Newtown, Conn., prompted the Obama administration and some in Congress to call for stricter gun-control laws.Such proposals have met staunch opposition from gun-rights advocates, including the National Rifle Association, who express concerns that more regulation will infringe on Americans’ Second Amendment right to own and bear arms.Voters in Louisiana, a mostly conservative state where many covet their right to hunt and own guns, overwhelmingly approved a state constitutional amendment in November aimed at strengthening residents’ gun rights. It requires courts to apply “strict scrutiny” when determining whether a law violates the Second Amendment. To be upheld, gun laws would have to demonstrate a specific and “compelling governmental interest” or be scrapped as unconstitutional.“We’ve done some good things to protect the Second Amendment in Louisiana, but we’re not finished yet,” state Rep. Jeff Thompson, R-Bossier City, said in a statement announcing his Defend Louisiana initiative.Launched two weeks ago, in part as a reaction to the ongoing federal gun-control efforts, the initiative will include legislation, gun-safety programs, a petition drive and a statewide tour, he said.“The solution to gun violence is not found in restricting the rights of law abiding citizens or demonizing self-defense,” Thompson said.On Friday, the group released a list of more than 30 Louisiana legislators, including Rep. Lenar Whitney, R-Houma, who have agreed to support Defend Louisiana.Earlier this month, the Violence Policy Center, which advocates for stricter gun-control laws, released a report that claims states with higher gun-ownership rates and weak gun laws have the highest rates of gun deaths.It cites the latest CDC data, which show Louisiana has one of the nation’s highest gun-ownership rates — more than 45 percent of households. And the state ranks second for gun deaths, 19 per 1,000 residents in 2010. Only Alaska, with 20 gun deaths per 1,000 residents, had a higher rate.In contrast, states with the lowest gun-ownership rates had far fewer gun deaths, all well below the national average of 10.5 per 1,000 residents, the study says.“The equation is simple,” Kristen Rand, the Washington-based group’s legislative director said in releasing the report. “More guns lead to more gun death, but limiting exposure to firearms saves lives.”Louisiana legislators have already proposed new state laws for the coming session aimed at keeping guns from the mentally ill, dictating how guns should be stored and blocking any attempt by the federal government to ban certain weapons. House Bill 21, introduced by Rep. Henry Burns, R-Haughton, would require information regarding a person’s mental health be sent to the Federal Bureau of Investigation’s background-check database to prevent those with what he describes as significant mental issues from purchasing a firearm.Burns’ bill lays out criteria based on court action that would determine who would be reported and thus prohibited. Those who would be prohibited are people acquitted in a criminal case by reason of insanity, deemed mentally unfit to stand trial, judicially committed or receiving involuntary outpatient treatment, among others.Gov. Bobby Jindal has announced a similar effort for the coming session.“What really caught my attention was the atrocities and things that have happened,” Burns said. “These were committed by people that have mental health issues of some kind.”Burns called the current system for reporting mental illness to background-check databases inadequate. His bill would require clerks of court to report judicial action tied to a person’s mental health to the database within 30 days. Burns emphasized that the mental-health information would not be broadcast and would only result in a failed background check.Another proposal, House Bill 4, pushed by Rep. Barbara Norton, D-Shreveport, would require gun owners to store their weapons inside a locked container or with a tamper-proof lock to render the gun inoperable.Those found in violation would be fined up to $300. A subsequent violation would carry the maximum penalty of a $500 fine and six months in jail.“That is a dumb law,” said Hugh Eymard, owner of Eymard Guns in Galliano. “That is not being realistic.”Eymard said requiring people to lock their weapons in their own homes could render them useless in a home invasion. All guns Eymard sells come with locks, which he said are useful but shouldn’t be required.There are also bills which would allow off-duty police to carry firearms on school campuses and prohibit the release of personal information of those who have concealed-carry permits.The tragedy of Sandy Hook has also prompted federal legislation to ban the sale or transfer of “military-style assault weapons,” including the popular AR-15 and similar guns. The bill also puts tighter restrictions on various high-capacity magazines. A bill filed by state Rep. Jim Morris, R-Oil City, seeks to make such a law unenforceable in Louisiana. It would fine anyone trying to enforce such a law and would require the state attorney general to defend any Louisiana citizen prosecuted for violation of the law.Robert Hogan, associate professor of political science at Louisiana State University, said state laws attempting to block enforcement of federal rules are common but are often struck down due to the U.S. Constitution’s supremacy clause. “There is a long history of the Supreme Court coming down on the side of the national government when this happens,” Hogan said.